HBA-MPA, DMD H.B. 2301 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2301 By: Farabee County Affairs 7/13/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Legislature, the cremation of a pauper was prohibited if a relative or friend expressed objection to cremation. However, if the person objecting did not take financial responsibility for the ground burial, which is more expensive than cremation, the county was required to pay for burial. H.B. 2301 requires the commissioners court of each county to provide for the disposition of the body of a deceased pauper and authorizes the commissioners court to adopt necessary rules to implement this requirement. This bill also deletes the provision which prohibits a pauper from being cremated if a relative or friend objects. It requires the commissioners court to consider any information provided by certain persons, including the religious affiliation of the deceased. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 694.002, Health and Safety Code, as follows: Sec. 694.002. New Title: DUTY OF COMMISSIONERS COURT CONCERNING DISPOSITION OF BODY OF DECEASED PAUPERS. (a) Requires the commissioners court of each county to provide for the disposition of the body of a deceased pauper, rather than interment or cremation of paupers. Authorizes the commissioners court to adopt rules to implement this section. Deletes the provision which prohibits a pauper from being cremated if a relative or friend expresses objection to this procedure. (b) Requires the commissioners court to consider any information, including the religious affiliation of the deceased pauper, provided by a person listed in Section 711.002(a) (Disposition of Remains; Duty to Inter). SECTION 2.Effective date: September 1, 1999. SECTION 3.Emergency clause.